Overview
Washington County is located in Utah with a population of approximately 207,943. The Fifth District Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Utah probate is governed by the Utah Uniform Probate Code (Title 75). The process begins with filing a Petition for Probate (Form 1000 series) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Utah offers a simplified procedure for small estates. If the value of the entire estate (less liens and encumbrances) does not exceed $100,000, successors may use a Small Estate Affidavit to collect personal property 30 days after death without opening a formal court case.
Utah does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable and are typically based on hourly rates or a flat fee agreed upon by the parties.
This guide provides an informational overview of the Washington County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Fifth District Court (St. George)
Probate matters in Washington County are handled at the St. George Courthouse.
Address: 206 West Tabernacle, Suite 100, St. George, UT 84770
Phone: (435) 986-5700 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Fifth District Court serves Washington, Iron, and Beaver counties, but Washington County matters are primarily heard at the St. George location.
Parking and Access
Free parking is available on the West side of the courthouse building. The courthouse is accessible via the SunTran public transit system, which operates routes throughout St. George. Security screening is required for all visitors entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property valued at $100,000 or less (excluding vehicles registered in Utah), successors can collect assets via affidavit 30 days after death.
- Joint Tenancy/Survivorship: Property held in joint tenancy with rights of survivorship passes automatically to the surviving owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Fifth District Court. Include:
- Application for Informal Probate or Petition for Formal Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee of $375
- Waiver of Notice (if applicable)
E-filing is mandatory for attorneys and optional for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the application/petition to all heirs, beneficiaries, and interested parties at least 10 days before any hearing (or within 10 days of informal appointment).
- Publish notice to creditors in a newspaper of general circulation in Washington County (such as The Spectrum) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if paperwork is in order. For formal probate, the court will schedule a hearing. If approved, the judge or registrar issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow a 3-month period for claims after the first publication of notice
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Verified Statement of Personal Representative Closing Estate to conclude the matter
Local Requirements
Washington County-Specific Procedures
- E-filing: Attorneys must file electronically. Self-represented parties may file in paper or use the MyPaperwork system (which is replacing the former OCAP program).
- Mediation: The Fifth District may refer contested probate matters to mediation.
- Local Rules: Be aware of Utah Code of Judicial Administration Rule 4-501 regarding motions and orders.
- Publication: Notice to creditors is typically published in The Spectrum.
Always check with the court clerk for the most current local administrative orders.
Timeline & Fees
Filing Fees (Washington County)
- Probate Petition (Informal or Formal): approximately $375
- Small Estate Affidavit: No court filing fee (document is presented to holder of property)
- Certified copies of Letters: approximately $5 per document plus $0.50 per page
- Publication costs: approximately $100-$200 depending on the newspaper
- Objection to Probate: approximately $375
Utah law requires personal representative and attorney fees to be "reasonable." There is no statutory percentage fee.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards. A convenience fee may apply for card payments.
Estimated Timelines
- Simple estates (Informal): 4-6 months (minimum 3 months for creditor claims)
- Average estates: 6-9 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period is 3 months from the date of the first publication of notice.
Local Resources
Washington County Court Resources
- Court Website: utcourts.gov
- Probate Self-Help: Utah Courts Probate Help
- Utah Probate Forms: MyPaperwork (replacing OCAP)
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Licensing and regulation
- Utah Legal Services: (801) 328-8891 — utahlegalservices.org
- Licensed Lawyer Referral: licensedlawyer.org
Publication
- The Spectrum: (435) 674-6200 — thespectrum.com